I-Remit Incorporated v Far East Express Remittance Ltd
Feer failed to prove that the CD-Rom database was inaccurate or that there was manifest error in the expert accountant's determination; the expert's report is final and binding, and I-Remit is entitled to judgment for the sum claimed. Feer's counterclaims are dismissed for lack of evidence and credibility.
- Parties
- Claimant: I-Remit Incorporated; Defendant: Far East Express Remittance Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 01 August 2006
- Procedural Posture
- Civil Commercial / Judgment After Full Trial
- Outcome
- Judgment for the Claimant; counterclaims dismissed.
- Legal Topics
- Expert Determination, Contractual Interpretation, Agency, Remittance Services, Evidence, Counterclaim
Case Brief
Summary, issues, holding and outcome
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Parties
I-Remit Incorporated
Claimant
Far East Express Remittance Ltd
Defendant
Procedural Posture
Civil Commercial / Judgment After Full Trial
Legal Issues
- 1 Whether the expert accountant's determination is final and binding
- 2 Whether the CD-Rom database of transactions was accurate
- 3 Whether I-Remit breached its warranty as to the accuracy of the data
Ratio Decidendi
Feer failed to prove that the CD-Rom database was inaccurate or that there was manifest error in the expert accountant's determination; the expert's report is final and binding, and I-Remit is entitled to judgment for the sum claimed. Feer's counterclaims are dismissed for lack of evidence and credibility.
Court Disposition
Judgment for the Claimant; counterclaims dismissed.
Orders
- Feer to pay I-Remit the sum of £379,462.52
- Feer's counterclaims dismissed
Full Case Text
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